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Trademark Infringement: Understanding the Legal Framework By Igorlex Legal Route Trademark infringement occurs when an unauthorized party uses a mark that is identical or confusingly similar to a registered trademark, leading to consumer confusion and potential damage to the trademark owner's reputation or business. In today’s competitive business environment, safeguarding a brand’s identity is paramount. The legal framework governing trademark infringement seeks to provide robust protection while balancing the interests of businesses and consumers. Key Elements of Trademark Infringement For a successful claim of trademark infringement, the trademark owner typically must prove the following: 1. Ownership of a Valid Trademark: The trademark must be registered or, in some cases, protected through common law rights if it has acquired distinctiveness through use. 2. Unauthorized Use: The infringing party must have used the mark or a confusingly similar mark without the ow...